UNION OF INDIA Vs. PRABHAT CHANDRA DAS

JUDGEMENT

(1.) The sole respondent Sri Prabhat Chandra Das claims that his date of birth is 14.11.1964 and not 17.01.1954 on the basis of the school certificate dated 16.10.1982 of Kamalpur High Madrassa, where he read upto Class VIII. As per the said Certificate he left school on 31.12.1980 and his age at that point of time was 16 years 1 month 17 days.

(2.) He was engaged as a Casual Labour under the Railways on 16.10.1982 and thereafter granted temporary status of Class-IV category by order dated 06.08.1986 with effect from 01.01.1986, having completed 360 days of continuous service on or before 01.4.84. In the said order dated 06.08.1986 his date of birth was recorded as 14.11.1964.

(3.) Controversy arose when in March 2012 he came to learn that his date of birth was incorrectly recorded in the Service Book as 17.01.1954 instead of 14.11.1964, as a result of which he will be forced to retire on 31.01.2014 instead of 30.11.2024. He made verbal requests and also submitted Representations dated 10.04.2012 and 15.05.2013 for correction of the wrong entry. Not having received favourable response, the sole respondent approached the Central Administrative Tribunal, Guwahati Bench in O.A. No. 288 of 201 Grounds assigned is that in an earlier medical examination as well as in the order conferring temporary status, the date of birth is recorded as 14.11.1964. As regards the Service Book, contention advanced was that the same was prepared by the Railway authorities after taking the signature of the respondent in a blank Service Book and thereafter filled up the columns. As such, he was not aware of the wrong entry in the Service Book at an earlier point of time. Also, that correction is imperative in view of his educational documents which constitutes the basis and sufficient proof substantiating his date of birth as 14.11.1964. It was also urged that delay, if any, in seeking correction of the date of birth cannot be attributed to him as he moved the authorities immediately upon knowledge of the wrong entry.